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Hong Kong construction interpretation

Blakeney-Williams v Cathay Pacific Airways Limited

(2012) 15 HKCFAR 261
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2012
StatusBinding authority

Summary

The CFA held that statutory interpretation does not carry a general presumption favouring employees' rights in employment disputes.

Key Principle

The CFA judgment does not establish a proposition that interpretations promoting employees' rights should be preferred.

Area of Law

employment

Related Cases

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165

Employee/independent contractor characterisation is determined by the legal rights and obligations in the written contract, not the totality of the relationship.

ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 215

HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.

WorkPac Pty Ltd v Rossato (2021) 271 CLR 456

A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.

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